With regard to the services of SnowXchains.com, the following conditions and all the applicable legal rules apply. By using the website of SnowXchains.com, the user/owner accepts to be bound to these conditions.
Article 1 Definitions
The following definitions, both in singular and in plural, are used in these general conditions.
The account of the user/owner contains the profile and the general setting
The natural or legal person who wishes to borrow snow chains from an owner through SnowXchains.com.
The natural or legal person who offers snow chains for borrowing through the website.
The exchange of snow chains for a predetermined period of time, the eventual actual use during that period included.
The services that are being provided by SnowXchains.com through the website or in any other way, including the providing of a platform on which owners and users can get in touch with each other. The borrowing and returning as such are not included in the service, and are to be arranged between owner and user.
SnowXchains.com is a product of ErGoris ltd, established at Koning Albertlaan 154, 3010 Kessel-Lo, België, registered in the CBE under number 0672901668, represented by the entitled Mr E. Goris in his function as business manager.
The internetsite of SnowXchains.com can be reached through the domain name www.SnowXchains.com; all the other internetsites of SnowXchains.com can be reached through sub- en toplevel domain names related to this domain name.
Chain that is mounted around the wheels of vehicles in case of snowfall and iciness (definition Van Dale). By extension, the word is sometimes used for a kind of textile covering/sock that is mounted around the tyres.
Article 2 Applicability of these conditions
2.1 These general conditions apply to all the agreements and to all the acts and juridical acts between SnowXchains.com and the owner/user, even if these acts or juridical acts wouldn’t lead to, or wouldn’t be related to, an agreement.
2.2 SnowXchains.com is, at any time, entitled to change or complete these general conditions unilaterally.
2.3 The owner’s/user’s general conditions are explicitly rejected.
2.4 If and as far any condition of these general conditions is declared invalid or is reversed, the other conditions will remain in full force. SnowXchains.com will then determine a new condition instead of the invalid or reversed condition, considering as much as possible the tenor of the invalid or reversed condition.
Article 3 Services
3.1 SnowXchains.com provides on her website a platform on which owners and users can get in touch for the borrowing of snow chains.
SnowXchains.com only acts as a facilitator in this regard and can as such not be held responsible for the owner’s/user’s acts or neglects through, or related to the website or otherwise. SnowXchains.com is, at any time, entitled to change and/or end the (content of) her services.
3.2 SnowXchains.com has composed the content of the website with the utmost care. However, the users (letters and hirers!) only are responsible for all the information with regard to the snow chains, the owners and users. These users (letters and hirers!) alone are responsible for the correctness and the completeness of this information. SnowXchains.com is not responsible for the content of the given information, neither for any other communication between the users. Neither is SnowXchains.com responsible for the fulfillment of the obligations of owners and users, including the fulfilling of their payment obligations and the correct execution of the borrowing.
3.3 SnowXchains.com provides the information placed on the website by herself on an exclusion basis of eventual expressed or implied guarantees, agreements or warranties in any shape, manner or form, (included, but not restricted to) the exclusion of guarantees of justice to rights (of ownership), sufficient quality, suitability for a certain purpose and non-violation of the rights of ownership or the rights of third parties. SnowXchains.com specifically does not guarantee that the information on the website is correct, complete, appropriate, suitable, relevant and not wrongful, that the website will function uninterruptedly, free of viruses, Trojan horses and other errors and/or defects, and that possible defects will be remedied and that third parties will not use the website wrongfully.
3.4 SnowXchains.com is entitled to put the website (temporarily) out of use or to restrict the website should this be necessary for the maintenance of the website or to make some adaptations, without this leading to any right of claiming damages against SnowXchains.com.
Article 4 Use of the service and supply of information
4.1 The owner/user guarantees that all the data, included but not restricted to the name, address, mail address, phone number that he supplies as part of the service, will be complete, correct and relevant, and that he will use this service for his owne use only.
4.2 By supplying data on the website, the owner/user consents to these data being used to provide the services, and guarantees that he is authorized to do so.
4.3 SnowXchains.com reserves the right to change or shorten the information given by the owner/user. SnowXchains.com also reserves the right to refuse or remove information and other data from the website, in case these would untruthful or dubious, against the law or wrongful to third parties, for example, without this leading to any kind of right of the user to claim for damages.
4.4 The (personal) data that are obtained by the owners/users through the website, may only be used for the purpose they were supplied for. It is not allowed to process these data for any other purpose. It is not allowed either to collect the personal data of owners/users for whatever reason it might be.
4.5 The owner guarantees that the snow chains that he offers are his actual property and/or that he has been authorized by the owner to offer them for borrowing.
SnowXchains.com can not be made responsible if this would not be the case, but will then immediately remove the owner without any right to claim damages, would he claim damages.
Article 5 Rates and payment
5.1 The users pay SnowXchains.com a once-only remuneration for per service. Payment occurs via Mister Cash, PayPal and/or CreditCard, facilitated by Mollie Payment, established Keizersgracht 313, 1016 EE Amsterdam, Nederland.
5.2 If not indicated otherwise, the price quotation of SnowXchains.com is in euros, VAT included, and exclusive potential other taxes and charges.
5.3 SnowXchains.com is entitled to charge extra costs, as for example transaction charges, the payment of taxes or the withold of taxes as part of the legal regulations for sharing economy, etc.
5.4 SnowXchains.com reserves the right to change or readjust the prices.
Article 6 Dissolution
6.1 SnowXchains.com is at any time entitled to strike off or remove owners/users from the website.
The other way round, the owner/user is at any time entitled to cancel his registration.
Article 7 Communication
7.1 Any communication between SnowXchains.com and the owner/user can be done electronically, except in so far as specified otherwise in the general conditions and/or in the agreement and/or the law.
7.2 The version of the concerned communication, stored by SnowXchains.com, constitutes evidence of this communication, except in so far as there is evidence of the contrary provided by the owner/user.
7.3 Electronic communication from SnowXchains.com addressed to the owner/user, shall be deemed to have been received on the same day of its sending, except in so far as there is evidence of the contrary provided by the addressee.
7.4 The owner/user must secure his own computer system so as to ensure that third parties cannot have unauthorized access.
7.5 The owner/User gives his consent to make his contact data available for all the communication coming from SnowXchains.com in order to offer the service as described in these general conditions. The owner/user also gives his consent to his contact data being used for marketing purposes, offers, new products or services of SnowXchains.com or her partners.
7.6 The owner agrees not to enter mail addresses, phone numbers, website- and/or other contact data in the information fields of his offered snow chains. Contact data are tolerated only there where they are being asked for.
7.7 It is not allowed to approach or contact another owner/user of SnowXchains.com directly, unless through the contact data provided by SnowXchains.com. This includes: sharing your mail address or phone number, or any other way to get in touch outside the website. SnowXchains.com facilitates the communication and borrowing by means of her internal e-mail system.
7.8 No owner/ user of SnowXchains.com will use the website for any other purposes than the one it has been created for. In particular, the user (letter and hirer! ) will not insert advertisements or refer to other websites without this serving the purpose of SnowXchains.com.
Article 8 Accounts
8.1 In order to become an owner/a user of SnowXchains.com, and get access to the services of SnowXchains.com, one needs an account. The owner/user agrees to fill in the the forms on the website with information that is based on the truth, and that is accurate and complete. In addition, the owner/user will regularly update this information in order to ensure that this information remains accurate. In case SnowXchains.com is not capable of providing certain documents or information because of incorrect owner-/user information, she can not be held liable.
8.2 Every owner/user whose account is being suspended, due to violation of the general conditions, will not be refunded for remunerations he already paid, and will be held responsible for eventual costs as described in these general conditions.
8.3 SnowXchains.com is neither a bank nor another financial institution. SnowXchains.com does not provide banking services. SnowXchains.com only acts as an agent. By making payments through SnowXchains.com, you presume that SnowXchains.com acts as your agent, and you accept these general conditions.
8.4 It is the owner’s responsability to be compliant with the legislation related to ‘miscellaneous income’. SnowXchains.com cannot, and will not assume responsibility in this regard, because we are not involved in the exchange of remunerations etc, and cannot be held responsible either in case the owner would fail in this regard.
8.5 You give your consent to SnowXchains.com to check your identity and credibility through third parties. In case of checking, it is possible that you will be asked for additional information, such as your national number, date of birth, full first and last name. In order to verify your identity as part of our service ( ID-check), we can ask you for your identity card. SnowXchains.com reserves the right to remove or suspend accounts of which the owner’s/user’s identity can not be found out, or turns out to be forged.
8.6 You will not take any action to fraud the feedback or reference system of SnowXchains.com. This particularly includes generating positive feedback artificially on yourself by using multiple accounts. Detection of this type of fraud leads to immediate suspension of your account.
8.7 We reserve the right to suspend or remove your account, or to deprive you of the access to SnowXchains.com, the services arising from SnowXchains.com included, if we notice that the activities you are developing on SnowXchains.com conflict with our general conditions.
8.8 Wenn your account is being removed because we noticed that you were violating the general conditions, you are not entitled anymore to reimbursement of remunerations you might already have paid for. Whitout any restrictions you will then be held liable for all the costs, taking into account the extend to which you violated the general conditions, to determine the damage of the violation (in accordance with the costs for the working hours of the staff and the legal support), and to claim the costs of the damage. You and SnowXchains.com agree that the damage SnowXchains.com incurs as a result of acts by owners/users can be substantial, but difficult to express in terms of proportions or euros. If you are engaged in this kind of acts as an owner/a user, SnowXchains.com can fine you up to € 3.000,00 (in words: three thousand euros) per violation of the general conditions. SnowXchains.com can also take legal steps to recover damage that exceeds this amount.
Article 9 Force majeure
9.1 In a case of force majeure on the part of SnowXchains.com, she is not held to meet her obligations arising from the agreement.
9.2 Force majeure is understood to mean every circumstance, independent on the will of SnowXchains.com and beyond the control of SnowXchains.com, that permanently or temporarily prevents the fulfilment of the agreement.
9.3 Force majeure is understood to mean: a non-culpable shortcoming of brought in third parties or suppliers, strike, sit-in, government measures, power breakdown, unusual traffic delays, and disease of epidemiological nature of her staff, and technical failures, whether or not due to viruses or attacks, as a result of which the website does not function properly, and any other situation that is beyond the actual (determinant) control of SnowXchains.com.
Article 10 Liability
10.1 Even if SnowXchains.com makes a great effort to provide the services properly all the time, she can not exclude that damage occurs by or with the provided services.Unless the damage is the result of purpose or deliberate recklessness of SnowXchains.com or her executive staff, SnowXchains.com is not liable for any damage, however designated.
10.2 SnowXchains.com is never liable for any damage of the owner/user, related with or resulting from communications or opinions given in the context of free advice.
10.3 SnowXchains.com can not be held liable for communications or advice of third parties on the services of SnowXchains.com.
10.4 SnowXchains.com is never liable for any direct or indirect damage of the owner/user or third parties, including consequential damage, damage to the snow chains,damage to the vehicle as a result of the use of the snow chains, fines, loss of returns and profit, loss of data and immaterial damage, related to or arising from the agreement or the use of the services.
Neither is SnowXchains.com is ever liable for possible theft of the snow chains, nor in case they are not being returned.
10.5 Without prejudice to the provisions elsewhere in the agreement, the liability of SnowXchains.com towards owner/user, on any account whatsoever, is limited to a maximal amount of € 500,00 (in words: five hundred euros) per event, whereby a series of connecting events is considered as one event.
10.6 The right to compensation extinguishes if the claim is not submitted by the owner/user within one year after the day the damage occured.
10.7 The owner/user indemnifies SnowXchains.com against any claims of third parties, on any account whatsoever, regarding compensation for damage, costs or interest, related to or arising from the agreement or the use of the services.
Article 12 Dispute with SnowXchains.com
12.1 In case of disputes, arising from agreements or from agreements building upon them, to which these general conditions apply, parties will first seek to settle out of court.
12.2 Any dispute that might arise between the owner or user of the website on the one hand, and SnowXchains.com on the other hand, their legal successors under a universal or special title included, as a result of the agreement between them or as a result of other agreements and other acts related to the agreements mentioned
such as but not exclusively, wrongful acts, undue payments or unfounded enrichments, will be settled by the court of the judicial district of Leuven.
12.3 Any dispute with regard to a certain legal claim has to be brought before the court within one year after the legal claim has arisen and has been communicated to the claimant party, without prejudice to the possibility of previous dissolution or limitation in accordance with the law.
Article 13 Applicable law and competence
13.1 This agreement is governed by, and interpreted in accordance with the belgian legislation.
13.2 Any dispute between parties regarding the agreements that are subordinate to the general conditions, belongs to the exclusive competence of the court of the judicial district of Leuven.
Article 14 Other provisions
14.1 In case any provision of the general conditions is declared reversed, invalid, unenforceable or illegal, the remaining provisions continue to apply in full force and effect.
14.2 SnowXchains.com is entitled to modify the general conditions once in a while, without any notification of her users, unless it is required by law. The modifications in the general conditions come into force as from the moment we publish them on our website.
14.3 The entire content on the website and the making of the content on the website, such as text, pictures, logos, icons, audio clips, digital downloads and software, are the property of SnowXchains.com and are protected by copyright.
14.4 In addition to these general conditions, the answers to the frequently asked questions, published on the website in terms of conditions for the use of SnowXchains.com and her services, also apply.